(A) Where the development is small and the resulting site is too small to be practical or when the available land is inappropriate for a school site, the village, with the recommendation of the Board of Education of the school district affected, shall require the subdivider, developer, or builder, to pay a cash contribution in lieu of land dedication required. The word SMALL in this section is defined as a total number of proposed dwelling units that will produce less than the maximum of students for one school for each school classification as set forth in § 154.096(B).
(B) School classification and size of school site. The determination that available land is inappropriate for a school site shall be made by the village after inspection of the land by the Superintendent of Public Works of the village, and after hearing the recommendation of the local school board and any builder, subdivider, or developer affected. Any builder, subdivider, or developer affected may request a hearing before the Plan Commission of the village on the question of whether the proposed land is inappropriate as a school site. Any builder, subdivider, or developer affected as well as the local school board may present evidence at the hearing and in addition, the Plan Commission in its discretion, may hear evidence from other interested persons.
(1) Fair market value. The school district, if they are to be a recipient of funds under this subchapter, shall prior to July 1 of each year establish an average valuation indicating current market value of improved property within that local school district. This valuation shall be for a parcel of land meeting such standards of topography, soil condition, access, and improvements as are determined by the local school board, and shall be of such minimum size as established by the recommendations of the State Superintendent of Public Instruction.
(2) Criteria requiring dedication and a fee. There will be situations in subdivisions or planned unit developments when a combination of land dedication and a contribution and a contribution in lieu of land are both necessary. These occasions will arise when:
(a) Only a portion of the land to be developed is proposed as the location for a school site. That portion of the land within the subdivision falling within the school location shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated.
(b) A major part of the school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required.
(Ord. 73-01, passed 1-9-73; Am. Ord. passed 3-23-76)